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BOMBAY HIGH COURT
SHIVKUMAR DIGE, J
SECRETARY MAHARASHTRA STATE ROAD TRANSPORT CORPORATION MUMBAI – Appellant
Versus
RAJENDRA GULAB MANE AND ORS. – Respondent
FA 206 / 2020
Certainly. Based on the provided legal document, here are the key points summarized:
The case concerns the conversion of a claim petition initially filed under Section 166 of the Motor Vehicles Act to one under Section 163A during the proceedings (!) (!) .
The appellant, Maharashtra State Road Transport Corporation, contended that the conversion was erroneous because it prevented consideration of negligence, which they argued was relevant to the case (!) .
The respondent claimed that the conversion was proper and that, since the petition was under Section 163A, the issue of negligence did not arise, as Section 163A operates on a no-fault basis (!) (!) .
The Tribunal permitted the conversion without objection from the appellant, and this order was not challenged during the proceedings (!) (!) .
The court held that since no objection was raised at the time of the conversion, the appellant could not now challenge it on appeal (!) .
The court reaffirmed that negligence is not a factor under Section 163A, and therefore, the issue of negligence was not relevant to the case after the conversion (!) .
The appeal was dismissed, and the claims were ordered to be processed accordingly, including the withdrawal of deposited amounts and the disposal of pending applications (!) (!) (!) (!) .
Please let me know if you need further analysis or specific legal advice based on this document.
1. The issue involved in the Appeal is conversion of Claim Petition filed under Section 166 of the Motor Vehicle Act (‘M.V. Act’ for short) to under Section 163A of the M.V. Act.
2. It is contention of the learned counsel for the Appellant- Corporation that, initially the Claimant’s had filed Claim Petition under Section 166 of the M.V. Act. Thereafter, during pendency of the said Application it was converted into 163A of the M.V. Act., which is erroneous. The learned counsel further submitted that the accident occurred due to sole negligence of the deceased, but this fact is not considered by the Tribunal. Hence, requested to allow the Appeal.
3. It is contention of the learned counsel for the Respondent- Claimant that, during pendency of the Claim Petition under Section 166 of the M.V. Act, the Application was filed by the Claimant’s for conversion of the said Petition under Section 163A of the M.V. Act. The said Application was allowed and thereafter Claim Petition has been decided. The learned counsel further submitted that, the Order passed by the Tribunal for conversion under Section 166 of the M.V. Act to 163 of the M.V. Act has not been challenged by the Appellant. The learned counsel further submitted that, as Claim Petition was under Section 163 of the M.V. Act, issue of negligence does not arise.
Hence, requested to dismiss the Appeal.
4. I have heard both learned counsel. Perused judgment and order passed by the Motor Accident Claims Tribunal (‘The Tribunal’ for short), Satara.
5. While passing the order in paragraph No.4 of the judgment the Tribunal has observed that, the Claimant’s have filed Application at Exhibit-37 and requested to convert the Petition under Section 166 of the M.V. Act to under Section 163A of the M.V. Act. The Tribunal has allowed the Application and permitted to convert the Petition under Section 163-A of the M.V. Act. The Opponent i.e. Appellant-
Insurance Company has not objected for it.
6. In my view, for the conversion of the Petition no objection was given by the counsel for Appellant-Corporation. Hence, in this Appeal the same issue cannot be raised.
7. In view of above, I pass following order.
ORDER
(i) The Appeal is dismissed. No order as to costs.
(ii) The Claimants are permitted to withdraw deposited amount along with accrued interest.
(iii) The Statutory amount along with accrued interest be transferred to the Tribunal. The parties are at liberty to withdraw it.
(v) All pending Civil and Interim Applications are disposed of.
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